MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:  

	BOARD DATE:  1 November 2001
	DOCKET NUMBER:  AR2001058600

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Joyce A. Wright		Analyst	

  The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		Member	
	Mr. Arthur Omartian		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that she be advanced on the Retired List to the rank of major (MAJ), pay grade 0-4.

APPLICANT STATES:  She was promoted to major in the US Army Reserve (USAR) in April 1987, and retired as a captain in June 1989.  She also states that it has been 11 years since she retired and that she should be advanced on the Retired List to the rank of major.  In support of her application, she submits two
DD Forms 214 (Certificate of Release or Discharge from Active Duty) and a copy of her retirement orders.

EVIDENCE OF RECORD:  The applicant's military records show she enlisted on 22 June 1969.  She continued to serve until she was honorably discharged on 14 December 1972, in order to accept an appointment in the USAR. 

The applicant served as a Reserve officer on active duty from 15 December 1972 to 1 January 1985.  She was released from active duty in the rank of captain (CPT) under the provisions of Army Regulation 635-100, for failure of selection, permanent promotion.  

On 2 January 1985, the applicant reenlisted in the Regular Army in an enlisted status, in the rank of sergeant (SGT/E-5) for a period of 4 years.  

The applicant’s records contain a copy of a promotion letter, dated 3 December 1987, which shows that the applicant was promoted to the rank of major/0-4 in the USAR on 18 April 1986, while serving on active duty as a staff sergeant (SSG).

The applicant’s records contain a copy of DA Form 2339 (Application for Voluntary Retirement), dated 7 October 1988, which shows the applicant’s current grade/pay grade as SSG/E-6 and the highest grade held on active duty and branch of service as CPT/US Army.  She was placed on the Retired List on 30 June 1989 in the rank and pay grade of CPT/0-3.  She had served 20 years and 9 days of total active service.

Under the provisions of Army Regulations 600-39, the Dual Component Program, individuals serving in the Regular Army in an enlisted or warrant officer status were allowed to hold concurrent commissioned officer grades in the USAR.

Title 10, United States Code, section 1370 (d) provides that in order to be credited with satisfactory service in an officer grade (other than a warrant officer grade) below the grade of lieutenant colonel or commander, an individual must have served satisfactorily in that grade as a Reserve commissioned officer in an active status, or in a retired status on active duty, for not less than six consecutive months.

Title 10, United States Code, section 3911, states that Regular or Reserve commissioned officers may retire as commissioned officers if they have at least 20 years of service, 10 years of which have been active duty service as a commissioned officer.  The law provides no provisions for placing a commissioned officer on the Retired List in a rank he was promoted to in the USAR while serving on active duty in an enlisted status in a dual component program.

Title 10, United States Code, section 3964, provides that a retired enlisted member or warrant officer of the Army who is retired with less than 30 years of active service is entitled, when his active service plus his service on the Retired List totals 30 years, to be advanced on the Retired List to the highest grade in which he served on active duty satisfactorily.  Rank placement on the Retired List is based solely on the highest rank in which a member satisfactorily served on active duty.  USAR service in an inactive status while a member of a dual component program does not satisfy this active duty satisfactory service provision of the law.

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The evidence of record shows that the applicant was promoted to MAJ/0-4
on 18 April 1986, which was attained while serving on active duty in the Regular Army in an enlisted status as part of a dual component program.  It also clearly establishes the she never served on active duty in the rank and pay grade of MAJ/0-4.

2.  The Board finds no evidence that the applicant served six consecutive months on active duty as a MAJ/0-4 to be eligible for advancement on the Retired List in accordance with statutory provisions.  Therefore, the applicant is not entitled to be advance to the rank and pay grade of MAJ/0-4.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.  

4.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__wm____  ___cg___  ___ao___  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001058600	
SUFFIX		
RECON		
DATE BOARDED	20011101	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19890630	
DISCHARGE AUTHORITY	AR 635-200  c, 12	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1.  319		
2.		
3.		
4.		
5.		
6.